Forum Replies Created
I would advise people to be very careful when dealing with overseas "lenders". Often these "lenders" string people along with promises of finance. They collect all of your personal documents and then 'assess' you. You will nearly always be approved subject to paying a fee of some sort. Guess what happens when you pay the fee?
Then consider they have all your personal documents, including identity documents!
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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animar wrote:Just thought I would let you know the outcome of this scenario!. I have had success with the person who originally sold me the block with 4 year settlement and he has been sympathetic and very understanding. Not like the developers solicitor who refused to enter into conversation with me, told me I was going to lose my deposit if I didn't settle, and promptly hung up on me!!!!!!! He has found someone who is going to swap my block for one in the same stage that will not be settling until Jan/Feb 2012. (I suspect that it is a block that someone has rescinded). The block is a more regular shape, slightly smaller and is $10,000 less. All in all, I am happy to have the extra time. So, for me this has been a favourable outcome and I thank everyone for your kind advice and suggestions. You spurred me on to negotiate and not be defeated and it has worked out to my advantage. Cheers AnitaVery good.
But don't sign anything until you get legal advice. Something like would usually result in stamp duty being paid on both blocks.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Centrelink are well aware of trusts and people using them to get around losing a payment. So now there are complex laws under the Social Security Act which mean that it may be possible for trust assets to be classed as assets of the individual if that individual has any role or control in the trust such as trustee, appointor or beneficiary or can control a person who is – such as a friend acting on your instructions.
Special Disability trusts are treated differently. They are given special treatment and it may be possible to still receive centrelink benefits with trust assets/income not counted (up to a limit). There are also special tax concessions for SDTs too.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Pretty soon new legislation is coming in called PPS Act or Personal Property Security Act. This will allow security to be taken over all sorts of items.
This is going to revolutionise the world of security. You could theoretically get a loan secured on your coffee table. There will be a national register of items – like the land system – so credit providers can register their interest in the item and then gain priority over the item. (Not sure how you identify a coffee table or similar item when there are no serial numbers).
Many new strategies will come out in lending and asset protection etc.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Ashley,
At first glance I took it as acquiring the land. But land isn't a dwelling so you could be right. The 6 month overlap could be from the date the new place becomes a dwelling – ie possibly when occupancy certificate is issued.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Shape wrote:From my understanding the property can be marketed …but can't be sold/auctioned without the section 32. I seen plenty of sale contract without the section 32 ( most out of date) on the market….just couldn't sign the contract. Regards MichaelThat's probably right. You might need a contract market, but even if you had an incomplete one it should be still possible
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I dont think the overlap provisions would apply in this case unless the period since acquiring an interest in the second property was less than months.
s118.140
http://www.austlii.edu.au/au/legis/cth/consol_act/itaa1997240/s118.140.htmlTerryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I think a property cannot be marketed without a contract of sale and the s32 forms part of the contract.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
pete11819 wrote:Theresa,I have had a very positive experience with Chan & Naylor. These guys are specialised property investment accountants, they also offer Mortgage Broking and Solicitor services. Very good with structures, strategies, PI trusts, SMSF & property etc..
Ed Chan is a guru in PI circles and you will see him regularly in the respective PI media/mags. I personally use Ken Raiss in the Pymble office who I would highly recommend. http://www.chan-naylor.com.au
I have no material gain from recommending them – just a happy customer.
Pete
Nice first First post!
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
It would be extremely difficult to find a commercial lender willing to lend more than $20k to $30k unsecured. Far too dangerous to them.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I am thinking to buy some of the banks. High yields at the moment with lots of potential upside. I may wait a few days though as it may go lower
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Generally the main residence and 2 hectare surrounding it can be CGT exempt. I think the exemption can apply to land on a separate title if it is next door.
Transferring ownership to a different name (incl another entity) will be the same as a sale so CGT would apply (unless the main residence exemptions can apply) and stamp duty.
If he keeps in his name and develops then CGT would apply, but part of it would be exempt. GST would also apply on the sale of the new properties too.
Actually if the intention is to develop CGT may not apply, it would probably be just straight income tax.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Many issues.
Transfers of land are assets at market value – for both stamp duty (OSR) and CGT (ATO).
Is the current owner willing to borrow money with you? If so you could transfer a part of the land to yourselves (or your entity). All names would be on title and then you could borrow. But all names would be borrowing.
Or
You could transfer the land to a new entity which you all control. More stamp duty but you can play around with the borrowing side a bit more.
or
You two could buy the land in total and do it yourself. The owner is likely to want a mortgage on the property though and that ma hurt your ability to finance.
or
Get the owner to do it all on his own with you guys providing building works.
Whatever you do if you are just leaving him a villa and ownership isn't changing then this villa shouldn't have GST on it as it is not changing hands.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
nguli wrote:Hi All,I am looking for someone with a legal background or similar to help explain the new QLD building boost to me in regards to newly renovated properties.
The link is below:
http://boost.treasury.qld.gov.au/investor/faqs.php#heading-2809159538It says that new homes are eligible and then says this about new homes in the FAQ's;
What is a ‘new’ home?
A new home is a home that:
- has not been previously occupied or sold as a place of residence; or
- is a substantially renovated home (see below).
A home is a substantially renovated home if:
- the home is the subject of a contract for the purchase of the home; and
- the sale of the home under the contract is, under the A New Tax System (Goods and Services Tax) Act 1999 (Cwlth), a taxable supply as a sale of new residential premises as defined under section 40-75(1)(b) of that Act; and
- the home, as renovated, has not been previously occupied or sold as a place of residence.
Points 1 & 2 above are a bit over my head if someone can please explain them.
1. Means that if the home is for sale with a contract of sale. Probably would exclude transfers from Trustee to beneficiary etc
2. New property, or substantially renovated property has GST applicable on the sale. So if this property price included GST in the contract of sale it would probably meet this requirement.
Notice they say "and" after each line. That means all requirements would need met. I think it would be unlikely that the seller would want to charge you GST because that would be 10% he would have to give to the ATO. So he would have to increase the price or he would be out of pocket.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
and that $200k, consider gifting it to a discretionary trust.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
I think you may have forgotten to take into consideration stamp duty in your plan. Flipping is good in theory, but I haven't seen anyone do it – actually one person I know did after a reno and maybe about $20k.
I am a solicitor and investor and exmortgage broker and live in the CBD if you want to meet up.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
What is the irrevocable authority for? I would be concerned about that.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
walt_k wrote:Hi Terry – Building in W.A. Loan is split 50/50 with my partner and I. All costs associated with this property have been split 50/50.Get some advice on this as generally Only the name on title will be able to claim deductions.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Walt, could you sell the house and then buy land and build again with the same profits?
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
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Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au
Walt,
What state is the house in? It is not so easy to change names on title, although it may probably be stamp duty exempt from one spouse to 2 you would have to change and reapply for the loan on the property.
Terryw | Structuring Lawyers Pty Ltd / Loan Structuring Pty Ltd
http://www.Structuring.com.au
Email MeLawyer, Mortgage Broker and Tax Advisor (Sydney based but advising Aust wide) http://www.Structuring.com.au



